In the state of Florida, most employers are legally required to provide workers compensation insurance for their employees. The specific types of employer coverage requirements are determined by the type of industry they are working in and the number of people they employ.
If your employer does not have workers compensation insurance you may still be able to sue your employer in court. While most courts will not get involved with proceedings involving injured workers, they may hear cases where the employer has failed to provide workers compensation coverage. You will need to work closely with an experienced attorney to ensure that you are successful with your claim.
Personal Injury Claims In Florida
In most circumstances, injured workers are not permitted to file lawsuits against their employers, and they must instead use the exclusive remedies provided by the Florida workers compensation law. There are, however, certain exceptions whereby an employee can file a personal injury claim against their employer if they can prove that they sustained injuries as a result of an intentional act or commission committed by the employer.
In any personal injury claim, one party has to prove negligence. This means that you will need to provide proof that your employer was in some way negligent, and that this directly resulted in your injuries occurring.
Whereas the Statute of Limitations for a workers compensation claim is two years, the Statute of Limitations in a personal injury claim is four years. Even though this is the case, you should ideally start proceedings as soon as possible. In order to preserve the evidence, you will need in court you should:
- Write down everything you can remember about how the injury occurred as soon after the even as possible
- Take the names and contact information of any colleagues or members of the public that were witnesses to the incident
- Take pictures of any visible injuries to yourself as soon as you can
- Contact a personal injury attorney to see if you have a valid claim against the person who injured you before making any statements, written or verbal, to your own insurance company
You will also need to demonstrate that your employer:
- Had a duty not to injure you but failed to in that duty
- That the failure of that duty is directly related to your injuries
- You suffered damages as a result of being injured while at work
What Benefits Could I Receive From A Personal Injury Claim?
Personal injury law can compensate you for emotional damages, lost earning capacity, and medical bills. A successful personal injury suit means that you will receive compensation to help you mentally and financially, while you recover, and give you access to good quality medical care.
If you have been injured at work, but your employer does not have workers compensation insurance, filing a successful personal injury claim can be an exhausting and very drawn out process. In these circumstances, we would highly recommend enlisting the help of an experienced and highly qualified Florida attorney to ensure that you receive as much financial and medical assistance as you are entitled to.
When you hire the Law Offices of Ala Alikhani, P.A. to represent you, we go to extremes to ensure employers and their insurance companies are held accountable and that you receive the benefits you are entitled to by the law.
Were you injured at work? Contact us for a FREE consultation. We are available throughout all times of the day to discuss your case with you. Our office is fluent in Creole and Spanish.
-FREE CONSULTATION
-No out of pocket fees or costs unless you recover.
-Covering Miami, Fort Lauderdale, West Palm Beach and all throughout the State of Florida.
370 Camino Gardens Blvd., Suite 325
Boca Raton, FL 33432
TOLL FREE: (844) 762-8155